HCS HB 184 -- LIQUOR SALES

SPONSOR:  Johnson (47)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Local
Government by a vote of 12 to 5.

This substitute makes technical changes to the liquor sales laws.
The substitute also:

(1)  Removes the requirement that written consent must be
obtained before a license to sell liquor within 100 feet of a
school or church will be granted (Section 311.080, RSMo);

(2)  Changes the time of opening from 11:00 a.m. to 9:00 a.m. for
the sale of packaged liquor at retail and the sale of liquor on
Sundays in restaurant bars, amusement places, and places of
entertainment.  The time of opening for restaurant bars located
in a sports stadium in Jackson County is changed from 11:00 a.m.
to 8:00 a.m. (Sections 311.097, 311.098, 311.102, and 311.293);

(3)  Allows persons licensed to sell malt liquor at retail by the
drink to also sell 3.2% beer by the drink.  The fee for the
license is $25.  Any person licensed to sell malt liquor or 3.2%
beer at retail may sell between the hours of 9:00 a.m. and
midnight on Sundays (Section 311.200);

(4)  Prohibits retailers of alcohol from selling alcohol in
mutilated, torn, or cut cartons.  Retailers may not repackage
liquor in a manner misleading to the consumer or that results in
required labeling being omitted or obscured (Section 311.280);

(5)  Creates a rebuttable presumption that the contents of a
manufacturer-sealed container that is labeled as containing
alcohol or intoxicating beer does contain the listed contents.
The presumption currently exists only for the sale of liquor to
minors (Sections 311.325 and 312.407);

(6)  Requires the purchaser of liquor to provide upon demand by a
liquor retailer a valid and unexpired driver's license or
passport when purchasing liquor.  Under current law, an expired
license or passport may be used to purchase liquor (Section
311.328);

(7)  Repeals the section of law requiring the seller of malt
liquor to label the malt liquor container with the name and
location of the manufacturer (Section 311.360); and

(8)  Allows liquor control officers to enforce state laws related
to tobacco products.  Liquor control officers are also given the
power to search and seize when enforcing liquor and tobacco laws.
(Section 311.630).

FISCAL NOTE:  Not available at time of printing.

PROPONENTS:  Supporters say that the courts have declared several
liquor statutes unconstitutional and unenforceable.  These
statutes need to be updated.  Many retailers and stadiums would
like to be able to sell beer at 9:00 a.m.  Currently, the river
front area of St. Louis can already sell beer at 9:00 a.m.  The
proposed new liquor license would encourage 3.2% retailers to
obtain a 5% beer license.  There are only 184 3.2% retailers, and
it is difficult to maintain quality control.  Parts of the bill
would allow for the arrest of an individual if a Liquor Control
agent found a person to be in violation of another law.  This
will help law enforcement.

Testifying for the bill were Representative Johnson (47);
Missouri Retailers Association; Missouri Grocers Association;
Missouri Petroleum Marketers Association; Missouri Restaurant
Association; and Kansas City Chiefs.

OPPONENTS:  Those who oppose the bill say that the search and
seizure powers in the bill are not necessary.  Liquor Control
agents would have too much authority.

Testifying against the bill was Paul Lewis.

Others testifying on the bill was Division of Liquor Control.

Steve Bauer, Legislative Analyst

Missouri House of Representatives
Last Updated July 25, 2003 at 10:11 am